Bombay High Court
HARIOM PROJECTS PRIVATE LIMITEDversusUNION OF INDIA
- Decided
- Disposal
- Disposed Off
Holding
The appeal is disposed by appointing a sole arbitrator and remitting the proceedings to the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996.
Summary
Hariom Projects Private Limited filed an arbitration appeal against the Union of India and others, seeking appointment of an arbitrator to resolve disputes arising from their agreement. The High Court, after hearing the parties, directed that the status quo be maintained for two weeks and that the parties approach the sole arbitrator by a specified date for further instructions. The Court remitted the proceedings to the arbitral tribunal as an application under Section 17 of the Arbitration and Conciliation Act, 1996, and by consent appointed Maj. Gen. R. K. Mattu as the sole arbitrator. The order also set procedural directions, including disclosure requirements, cost sharing, and communication protocols, while expressly stating that it does not express any opinion on the merits. Consequently, the appeal was finally disposed, and all interim applications were also dismissed.
Issues considered
- Whether the High Court can appoint a sole arbitrator and remit the matter to arbitration under Section 17 of the Arbitration and Conciliation Act, 1996
- Procedural directions for the conduct of the arbitration, including disclosure, cost allocation, and service of communications
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), 12(1), 17
Subjects
- Arbitration
- Appointment of Arbitrator
- Section 17
- Interim Application
- Cost Allocation
- Disclosure Requirements
Judgment
901-ARA-35-2025==.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION APPEAL NO. 35 OF 2025
WITH
INTERIM APPLICATION NO. 13838 OF 2025
WITH
Digitally
signed by
INTERIM APPLICATION (ST) NO. 134 OF 2026
SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
TALEKAR Date:
IN
2026.01.14
14:08:41
+0530
ARBITRATION APPEAL NO. 35 OF 2025
WITH
COMMERCIAL ARBITRATION PETITION (ST) NO. 35541 OF 2025
Hariom Projects Private Limited
Through its Authorized Signatory
Anil Harish Sangtani …Appellant/Petitioner
Versus
Union of India & 4 Ors. …Respondents
Mr. Shyam Dewani a/w. Mr. Saahil Dewani, Sachet Makhija, Saket
Bansal and Adv. Aarzoo Gughlani (through VC) i/b Dewani Associates,
for Appellant.
Mr. Rajsekhar Govilkar, Senior Advocate a/w. Mr. Amir Qureshi and
Mr. Krishnakant Deshmukh, for Respondents.
CORAM : SOMASEKHAR SUNDARESAN, J.
Date : January 13, 2026
ORDER :
1. The matter was stood over to today to enable the parties to
come up with names of potential arbitrators so that the proceedings
could be referred to the Arbitral Tribunal, leaving it to the tribunal to
deal with appropriate interlocutory arrangements as deemed necessary.
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2. The status quo arrangement obtaining as of today shall
continue for a period of two more weeks. The parties shall approach the
Learned Sole Arbitrator no later than January 17, 2026 at 12:00 noon,
who shall then give instructions to the parties on how to proceed
further. It shall be open to the Arbitral Tribunal to extend, vary or
modify the interlocutory arrangements obtaining as of today.
3. The proceedings before this Court shall be remitted to the
Learned Arbitral Tribunal to be treated as an application under Section
17 of the Act.
4. By consent of the parties, with the aforesaid directions, the
Appeal is finally disposed of appointing the Learned Arbitral Tribunal in
the following terms :
A] Maj. Gen. R. K. Mattu (Membership No. IL/ICA/5083), Regd.
Chief Engg., Southern Command, Manekji Mehta Road, Pune
411001, is hereby appointed as the Sole Arbitrator to adjudicate
upon the disputes and differences between the parties arising out
of and in connection with the Agreement referred to above;
B] A copy of this Order will be communicated to the Learned
Sole Arbitrator by the Advocates for the Appellant within a
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period of one week from the date on which this order is uploaded
on the website of this Court. The Appellant shall provide the
contact and communication particulars of the parties to the
Arbitral Tribunal along with a copy of this Order;
C] The Learned Sole Arbitrator is requested to forward the
statutory Statement of Disclosure under Section 11(8) read with
Section 12(1) of the Act to the parties within a period of two
weeks from receipt of a copy of this Order;
D] The parties shall appear before the Learned Sole Arbitrator
on such date and at such place as indicated, to obtain appropriate
directions with regard to conduct of the arbitration including
fixing a schedule for pleadings, examination of witnesses, if any,
schedule of hearings etc. At such meeting, the parties shall
provide a valid and functional email address along with mobile
and landline numbers of the respective Advocates of the parties
to the Arbitral Tribunal. Communications to such email
addresses shall constitute valid service of correspondence in
connection with the arbitration;
E] All arbitral costs and fees of the Arbitral Tribunal shall be
borne by the parties equally in the first instance, and shall be
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subject to any final Award that may be passed by the Arbitral
Tribunal in relation to costs.
5. Needless to say, nothing contained in this order is an
expression of an opinion on merits of the matter or the relative strength
of the parties. All issues on merits are expressly kept open to be agitated
before the Arbitral Tribunal appointed hereby.
6. In view of the disposal of the proceedings, attendant Interim
Applications, if any, also stand disposed of.
7. All actions required to be taken pursuant to this order, shall
be taken upon receipt of a downloaded copy as available on this Court’s
website.
[ SOMASEKHAR SUNDARESAN, J.]
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